Miles v. Johnson
Utah Supreme Court
Appeal from the Third District Court Summit County. Hon. A. G. Norrell, Judge. ■ • Action by plaintiff in ejectment. Defendant cross-complained. From a judgment for defendant in accordance with the cross-complaint plaintiff appeals. The proof (under the cross-complaint) utterly fails to make out a contract which a court of equity could enforce. Graybill v. Braugh, (Ya.) 17 S. E. 558; McCarty v. Couch, 37' Minn. 124; Lawson’s Item. p. 4264. (The contract) was not complete.
Read the full summary
Appeal from the Third District Court Summit County. Hon. A. G. Norrell, Judge. ■ • Action by plaintiff in ejectment. Defendant cross-complained. From a judgment for defendant in accordance with the cross-complaint plaintiff appeals. The proof (under the cross-complaint) utterly fails to make out a contract which a court of equity could enforce. Graybill v. Braugh, (Ya.) 17 S. E. 558; McCarty v. Couch, 37' Minn. 124; Lawson’s Item. p. 4264. (The contract) was not complete. It was void for want of mutuality. 6 A.- & E. Ency. of L. 2d ed., 730; Bish. Cont.- Secs. 313-77-78; Chitty Cont. 5th ed.,…
1Opinion of the CourtBabtch, C. J.
This is an action of ejectment instituted by the plaintiff to obtain possession of a certain tract of land, included in a patent issued by the United States to Benjamin Miles, since deceased. The defendant filed a cross-complaint, alleging certain equitable facts and asking that he be decreed to be the owner of the premises in controversy, and that the plaintiff be ordered- to convey the land to him, upon being paid the government price therefor and a certain proportionate share of the expenses incurred in obtaining the patent. At the trial judgment was entered in favor of the defendant in…
2Cases cited1 opinion
- Rose v. TreadwayNevada Supreme Court · 1868
3Cited by2 opinions
- Kimball v. SalisburyUtah Supreme Court · 1899
- Nilson v. HamiltonUtah Supreme Court · 1918